In determining qualifications of a preference eligible for promotion to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—

(1)requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and

(2)physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.

This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.

The words “in the competitive service, an Executive agency, or the government of the District of Columbia” are added on authority of former sections
851,
858, and
869, which are carried into this title. The last sentence is added on authority of former section
869.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Amendments

1978—Pub. L. 95–454substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.

1975—Pub. L. 94–183struck out “, except an appointment made under section
3311 of title
39” after “or made with the advice and consent of, the Senate”.